The Kerala High Court on Friday said that the union government should consider having a uniform marriage code in India in order to promote the common welfare and good of spouses in matrimonial disputes.
The HC while considering a petition by a young Christian couple declared that section 10A of the Indian Divorce Act, which mandates a one-year period or more for filing a divorce petition, is violative of Fundamental Rights and is unconstitutional.
The couple approached the family court within five months of the marriage with a joint petition for divorce under Section 10A of the Divorce Act. The family court registry refused to number this, noting the bar in filing a joint petition within one year after the marriage, as referable under that law. Both parties approached the high court.
The division bench of justices A Muhamed Mustaque and Shoba Annamma Eapen said, “Union Government should seriously consider having a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes."
The order further stated that the time has come for a change in the law applicable to the parties on a common uniform platform.
The high court order said that in a secular country, the legal paternalistic approach should be on the common good of the citizens rather than based on religion.
The court also said that today the family court “has become another battleground, adding to the agonies of parties seeking a divorce".
The high court also directed the family court to number the petition presented by the petitioners seeking divorce on mutual consent and dispose of the same within two weeks.
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